Consequences of a Dangerous Driving
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An individual may be convicted of dangerous driving if he drives a motor vehicle in a manner that is dangerous to the public depending on the circumstances. The driving must be objectively dangerous, that is to say, one must analyze the risks created and not the actual consequences of the driving. However, the penalties for this type of offense vary according to the circumstances and the injuries inflicted. For example, an accused may be granted an absolution as well as imprisonment for up to 14 years in prison.
In order to be convicted, the Crown must prove that the alleged acts constitute a marked departure from the reasonable person in the same situation as the accused. Personal circumstances such as age, experience or educational level are not considered in the assessment of the behavior in relation to this reasonable person. The level of responsibility is therefore more severe than the civil fault (which only requires a simple inattention) but is less strict than criminal negligence (which requires a significant departure with the reasonable person).
It is important to distinguish the criminal infraction of dangerous driving from the one we found in the Highway Safety Code. In fact, if a defendant receives a statement of offense for dangerous driving, namely section 327 of the CSR, there is no distinction to prove from a reasonable person. The simple action likely to cause injury or damage is enough to be convicted. In criminal law, the law requires an additional step, a form of negligence on the part of the accused.
Our lawyers have the expertise to advise you on the best options for your case. Different defenses may apply depending on your case to obtain an acquittal or the best possible sentence depending on the circumstances of your case. Our clients at MC2 Avocats Inc. have the advantage of being able to obtain the desired results during negotiations, such as an absolute discharge.
Call us immediately at 514 990-3430 to begin this important procedure !
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